FA2521-11-R-0052 U0001 Conformed.doc

Section B - Supplies or Services and Prices

INFORMATION TO OFFERORS

SECTION B

B-1.

CLAUSE AND PROVISIONS:

a. This acquisition is being conducted as a 100% set-aside for small business under NAICS 238160.

b. Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and full text. Those incorporated by reference have the same force and effect as if they were given in full text.

c. Section K, L, and M will be physically removed from any resultant contract.

B-2.

MINIMUM INSURANCE REQUIREMENT:

In accordance with the requirements of FAR 52.228-5 "Insurance Work on a Government Installation", the specific types and amounts of insurance contemplated under this contract are set forth in FAR 28.306.

B-3.

PAYMENT AND PERFORMANCE BONDS:

Required to be submitted individually per each Task order.

B-4.

STRADDLE PROJECT

The seed project for this IDIQ will be a Straddle “A” or “B” project. Funding is not currently available for this project. Award will not be made until funds are available to make payment under a contract. The Government reserves the right to cancel this solicitation, either before or after closing, with no obligations to the offeror by the Government.

B-5.

MINIMUM OBLIGATION OF THE GOVERNMENT

The Government’s minimum obligation of $50,000 is applicable to only the base period of performance. There is no guaranteed minimum for any option period.

Roofing IDIQ - Base Year

FFP

Provide all labor, materials and equipment necessary to provide roofing services & roofing related services on facilities at Patrick AFB, Cape Canaveral AFS and other 45 Space Wing facilities in Brevard County, FL to include repair, maintenance, removal, & replacement of roofing, flashing, roofing accessories, and all roof or building mounted accessories for code compliant usable roof system in accordance with contract, drawings and specifications. Work is to be accomplished in accordance with the attached technical specifications. Funding and performance period to be cited on individual task orders. POP - 1 Year from Issuance of Notice to Proceed

***CLIN MAX AMOUNT represents an estimated amount not the CLIN ceiling. The Contract Ceiling, inclusive of all CLINs, is $9.5M.

FOB: Destination

SIGNAL CODE: A

MAX

NET AMT

FFP

Provide all labor, materials and equipment necessary to provide roofing services & roofing related services on facilities at Patrick AFB, Cape Canaveral AFS and other 45 Space Wing facilities in Brevard County, FL to include repair, maintenance, removal, & replacement of roofing, flashing, roofing accessories, and all roof or building mounted accessories for code compliant usable roof system in accordance with contract, drawings and specifications. Work is to be accomplished in accordance with the attached technical specifications. Funding and performance period to be cited on individual task orders. POP- Option Year I

***CLIN MAX AMOUNT represents an estimated amount not the CLIN ceiling. The Contract Ceiling, inclusive of all CLINs, is $9.5M.

MAX

FFP

Provide all labor, materials and equipment necessary to provide roofing services & roofing related services on facilities at Patrick AFB, Cape Canaveral AFS and other 45 Space Wing facilities in Brevard County, FL to include repair, maintenance, removal, & replacement of roofing, flashing, roofing accessories, and all roof or building mounted accessories for code compliant usable roof system in accordance with contract, drawings and specifications. Work is to be accomplished in accordance with the attached technical specifications. Funding and performance period to be cited on individual task orders. POP- Option Year II

***CLIN MAX AMOUNT represents an estimated amount not the CLIN ceiling. The Contract Ceiling, inclusive of all CLINs, is $9.5M.

MAX

FFP

Provide all labor, materials and equipment necessary to provide roofing services & roofing related services on facilities at Patrick AFB, Cape Canaveral AFS and other 45 Space Wing facilities in Brevard County, FL to include repair, maintenance, removal, & replacement of roofing, flashing, roofing accessories, and all roof or building mounted accessories for code compliant usable roof system in accordance with contract, drawings and specifications. Work is to be accomplished in accordance with the attached technical specifications. Funding and performance period to be cited on individual task orders. POP-Option Year III

***CLIN MAX AMOUNT represents an estimated amount not the CLIN ceiling. The Contract Ceiling, inclusive of all CLINs, is $9.5M.

MAX

FFP

Provide all labor, materials and equipment necessary to provide roofing services & roofing related services on facilities at Patrick AFB, Cape Canaveral AFS and other 45 Space Wing facilities in Brevard County, FL to include repair, maintenance, removal, & replacement of roofing, flashing, roofing accessories, and all roof or building mounted accessories for code compliant usable roof system in accordance with contract, drawings and specifications. Work is to be accomplished in accordance with the attached technical specifications. Funding and performance period to be cited on individual task orders. POP- Option Year IV

***CLIN MAX AMOUNT represents an estimated amount not the CLIN ceiling. The Contract Ceiling, inclusive of all CLINs, is $9.5M.

MAX

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

KEVIN HOOPER

1142 JUPITER ST BLDG 535

PATRICK AFB FL 32925

321-494-8383

F3K3DD

F3K3DD

F3K3DD

F3K3DD

F3K3DD

SPECIFIC POP WILL BE ASSIGNED ON DATE OF AWARD

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under each task order within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the date identified in each task order. The time stated for completion shall include final cleanup of the premises.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount $320.39 for the first day and $252.13for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

Section G - Contract Administration Data

WAWF INSTRUCTIONS

WAWF Submittal Information

Wide Area Work Flow Receipt and Acceptance (WAWF-RA) vendor information can be found at

WAWF web page: https://wawf.eb.mil/index.html. The web page provides information needed to register and utilize WAWF-RA.

The following information is provided to assist in completing WAWF invoice(s).

Invoice Type: FILLIN \* MERGEFORMAT Construction Payment Invoice

Contract Number: FA2521-TBD

Task Order: Identified in each task order

Cage Code/Ext: TBD

Pay DoDAAC: F03000

IssueBy DoDAAC: FA2521

Admin DoDAAC: FA2521

Inspected By DoDAAC/Ext: Identified in each task order

Contracting Officer DODAAC: FA2521 Ship-To Code/Ext (excludes construction): N/A

Service Acceptor/Ext (excludes construction): N/A

Ship-From Code: NOT NEEDED

LPO DoDAAC/Ext: Leave Blank

Additional E-Mail Notifications:

1. Scott.Syring@patrick.af.mil

2. kevin.hooper@patrick.af.mil

Vendor - Payment information concerning your invoice may be accessed using the DFAS website at:

http://www.dod.mil/dfas/contractorpay.html Your purchase order/contract number or invoice will be required to check status of your payment.

Payment Instructions in accordance with DFARS PGI 204.7108, when applicable, will be included in the task orders.

ORDERING PROCEDURES

ORDERING PROCEDURES:

a. For performance under the terms of this contract, the Contracting Officer or his authorized representative will notify the Contractor..

b. The Contractor shall have permanent, full-time representation to receive such notification.

c. Upon receipt of this notification, the Contractor shall respond to the needs of the Government within 3 working days by visiting the proposed work site in the company of the Contracting Officer or his authorized representative. In accordance with contract clause 52.216-19, Order Limitations, if the Contractor does not wish to provide the services requested on a task order, which are below the minimum order amount or above the maximum order amount as specified herein they must submit in writing within 3 days of receipt of notification an explanation of non-intent.

d. Upon establishment of the scope of the individual requirement, the Contractor shall then prepare his proposal for accomplishment of the task. It is the Contractor’s responsibility to ensure the proposal includes all costs associated with meeting the requirements of federal, state, and local laws or enforcing codes, as well as the requirements of the Technical Specifications. It shall be the responsibility of the Contractor to ensure that all the requirements of the statement of work have been included in their proposal. No equitable adjustment will be made after the issuance of a task order to account for items left out of the Contractor’s proposal.

e. The Contractor’s proposal must be supported by necessary documentation to indicate that adequate engineering and planning to accomplish the requirements have previously been performed. Example of documentation that might reasonably be expected would include surveying, design drawings, calculations, catalog cuts, specs, architectural renderings, etc.

f. The Bid Schedule will serve as the basis for establishing the value of the work to be performed on a unit price basis.

g. Non-pre-priced work to be included in the task order shall be presented by the Contractor in a separate category, showing itemized material, labor, and equipment costs. If a single non-priced item exceeds $2,000, the Contractor shall provide at least three (3) price quotes, if possible, to substantiate the proposed price. In the instance that three quotes cannot be obtained, the Contractor shall notify Contracting Officer to this effect with written explanation. More than one quote may be required for non-priced items less than $2,000 if, in the Contracting Officer’s discretion it is determined necessary. These quotes shall be made available to the contracting officer upon request.

h. The normal time frame for submittal of Contractor’s proposal for each individual requirement will be:

(1) 10 business days for routine task orders.

(2) 5 calendar days for mission critical/emergency task orders.

i. Upon receipt of the Contractor’s proposal, the Government will, within a reasonable time, review the proposal for completeness. The Government will negotiate all non-priced items and performance times with the Contractor.

j. The Contracting Officer, using Defense Department (DD) 1155 or agency equivalent form, will then issue a task order. Each task order will include the following information:

(1) Date of the task order.

(2) Contract number and task order number.

(3) Statement of Work.

(4) Task order price, task or performance data.

(5) Accounting and appropriation data, and paying office.

(6) Any other pertinent data.

k. If conditions arise where a task order may need to be modified, the Contractor shall inform the Contracting Officer as soon as possible. Modifications to task orders can only be issued by the Contracting Officer. Modifications to a task order will be subject to the same coefficient as the original task order, regardless of the contract year in which the modification is awarded.

l. To expedite year-end or emergency requirements, orders may be pre-negotiated prior to receipt of funds. In such cases, prior to requesting the Contractor’s proposal, the Contracting Officer shall request from the Contractor a no cost agreement if order is not awarded. No task order may be awarded until funds are received.

5352.232-9000 REMITTANCE ADDRESS (MAY 1996)

If the remittance address is different from the mailing address, enter the remittance address below. Failure to provide this information may impact payment.

Section H - Special Contract Requirements

CLAUSES INCORPORATED BY FULL TEXT

5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (AUGUST 2007)

(a) The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

(b) The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or security police for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver’s license, current vehicle registration, valid vehicle insurance certificate, and information provided at the pre-performance conference to obtain a vehicle pass.

(c) During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

(d) When work under this contract requires unescorted entry to controlled or restricted areas, the contractor shall comply with AFI 31-101, Volume 1, The Air Force Installation Security Program, and AFI 31-501, Personnel Security Program Management, citing the appropriate paragraphs as applicable.

(e) Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

(f) Failure to comply with these requirements may result in withholding of final payment.

(End of clause)

CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS - ADDITIONAL REQUIREMENTS

This Special Contract Requirement, Contractor Access to Air Force Installations, by adding the following additional requirements:

(a) Contractors must have an approved request letter on file at Security Forces with employees name and the required data.

(b) Subcontracts: The contractor shall include this Special Contract Requirement in subcontracts of any tier.

(c) Unescorted Access to Installations:

(1) To request access to Patrick AFB, prior to their proposed business or contract requirements, all contractor personnel shall provide a current completed “45th Security Forces Pass & Registration Badging Request Form”.

(2) To request access to Cape Canaveral AFS, prior to their proposed business or contract requirements, all contractor personnel shall provide a current completed “CCAFS Badging Request Form”.

(3) Contractor personnel must complete and sign the applicable form cited above before the required background check (see d. and e. below) can be performed.

(d) All personnel entering Patrick AFB and Cape Canaveral AFS must provide two forms of identification (one must be a photo ID) as required by AFI 10-245, and have a background check.

(1) For unescorted entry into non-restricted areas of the installations, personnel must obtain, from AF security personnel, favorable National Criminal Information Center (NCIC) check, and have complete social security employment verifications prior to being issued badges (to include temporary passes.

(2) Prior to being issued restricted area badges for unescorted entry into restricted areas of the installations, U.S. citizens working as contractor employees must obtain a favorable National Agency Check (NAC).

(3) All required information shall be provided to support background checks, and citizenship verification (i.e., birth certificate, passport, voter registration card, resident alien card, or certificate of naturalization).

(e) Escorted Access-Temporary Passes: Personnel may receive a temporary pass, Air Force Form 75/Visitor and Vehicle Pass, for no more than 30 total days in one 365 day period. This pass is issued without a criminal background check, but requires a Wants & Warrants check. Persons with temporary passes receive escorted access rights only, i. e.; they must be escorted at all times by an escort official. Escorted personnel must be with their escort official (the escort official must be in plain view) at all times while on the installation.

(f) Personnel Background Checks

(1) The 45th Security Forces will conduct the background check at no cost to the applicant. Refusal to submit to the background check will result in denial of access. Applicants shall be denied installation access based on an arrest record including, but not limited to the following crimes:

(i) Murder

(ii) Manslaughter

(iii) Rape

(iv) Aggravated Assault

(v) Burglary

(vi) Arson

(vii) Other forms of Sexual Assaults (lewd, malicious acts to a child, etc.)

(viii) Any other felony

(ix) Outstanding warrants

(x) Misdemeanor convictions less that 5-year involving moral turpitude offenses (theft, worthless checks, etc.)

(xi) FBI Terrorist Watch List

(2) Individuals who do not meet the criteria for unescorted base access may still be granted escorted access on a case-by-case basis. The determination will be made based on the results of the background investigation, totality of the criminal record and the types of crime reported.

(3) Individuals may appeal denial of escorted/unescorted installation access through the Security Forces. It shall be the responsibility of the applicant who is denied access to submit supporting documents such as court, police or arrest records, evidence of community involvement, letters of recommendation to the denial authority for reconsideration.

(4) For the purposes of this policy, convictions are considered to include the following: Guilty verdicts or a Nolo Contendere plea, disposition of cases resulting in deferred adjudication or pretrial diversion and expunged offenses resulting in convictions of crimes enumerated in subparagraph (e)(1) above.

(5) Contractors should allow 14 days for background checks to be finalized. The contractor should provide the required form (see c. above) for each of its personnel to the government 14 days before the contract start date whenever possible. Background checks cannot be performed from only a list of names.

(g) The Government will not be held responsible for contractual impacts or delays caused by the contractor’s failure to take prompt action in providing the required information and documentation to obtain access to Patrick AFB and Cape Canaveral AFS.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.216-18 Ordering. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of contract award for 12 months and through any option period exercised.

(b) All task orders are subject to the terms and conditions of this contract. In the event of conflict between a task order and this contract, the contract shall control.

(c) If mailed, a task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of $1 Million

(2) Any order for a combination of items in excess of $2 Million

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 Indefinite Quantity. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract any later than one year after the last date of the contract’s effective period.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 calendar days prior to contract expiration.

(End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 calendar days prior to expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years; and if 52.217-8 is exercised, 5 years plus six months.

(End of clause)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)

(a) Definitions. As used in this clause--

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 238160 assigned to contract number in block 4 of the SF 1442.

(Contractor to sign and date and insert authorized signer's name and title).

(End of clause)

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (FEB 2009)

(a) Definitions. As used in this clause--

Commercially available off-the-shelf (COTS) item—

(1) Means any item of supply (including construction material) that is--

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products.

Component means an article, material, or supply incorporated directly into a construction material.

Construction material means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

Domestic construction material means--

(1) An unmanufactured construction material mined or produced in the United States;

(2) A construction material manufactured in the United States, if--

(i) The cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

Foreign construction material means a construction material other than a domestic construction material.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a-10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to the construction material or components listed by the Government as follows: none

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act. (1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including--

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award. If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

Foreign and Domestic Construction Materials Price Comparison

Construction material description Unit of measure Quantity Price (dollars) \1\

Item 1

Foreign construction material

Domestic construction material

Item 2

Foreign construction material

Domestic construction material

Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).

List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary.

Include other applicable supporting information.

(End of clause)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/vffara.htm (End of clause)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

5352.201-9101 Ombudsman.

OMBUDSMAN (AUG 2005)

(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the party to another official who can resolve the concern.

(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).

(c) If resolution cannot be made by the contracting officer, concerned parties may contact the Center/MAJCOM ombudsmen, HQ AFSPC/A7K, Contracting Division, 150 Vandenberg St. Ste 1105, Peterson AFB CO 80914-4350, Phone: 719-554-5250, Email: AFSPC.A7K@peterson.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the MAJCOM/DRU level, may be brought by the concerned party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (703) 588-7004, facsimile number (703) 588-1067.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.

(End of clause) Section J - List of Documents, Exhibits and Other Attachments

ATTACHMENTS

DOCUMENT TYPE

DESCRIPTION

PAGES

DATE

Attachment 1

SXHT 12-1017

Technical Specification

Attachment 2 SXHT 12-1017 Drawings 25 Jan 10

Attachment 3 Bid Schedule Revision 1 May 2011

Attachment 4 Wage Determination 1 Jan 11

(FL100017)

DOCUMENTS ASSOCIATED WITH THE SOLICITATION:

DOCUMENT TYPE

DESCRIPTION

PAGES

DATE

Attachment 5 Performance Evaluation

Questionnaire

Attachment 6 Performance Evaluation

Cover Letter Rev 1 Section K - Representations, Certifications and Other Statements of Offerors

CLAUSES INCORPORATED BY REFERENCE

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2009)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238160.

(2) The small business size standard is $14M.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

(__) Paragraph (d) applies.

(__) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $100,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business).This provision applies to solicitations that--

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be…